trademarks 'PUTTING ON THE
RITZ'. The Court applied the anti-dissection rule and held that the mark
must be viewed in its entirety ... Trademarks
and Unfair Competition. It was observed:
"41. The anti-dissection rule which is under these
circumstances required to be applied in India
hich the product is
intended.
32. Dealing with the issue of Anti dissection rule the single
Judge in Cadila Vs Auerate (Supra) further held ... rule and the dissection of a
mark is an exception which is
generally not permitted. The
anti-dissection rule is based upon
a common sense
Phonepe Private Limited vs Ezy Services & Anr. on 15 April, 2021
Equivalent citations: AIRONLINE
decisions passed by
many High Courts with regard to anti-dissection rule. In one
set of the decisions, it has been held that ... action of infringement, the same is immaterial.
39. The anti-dissection rule which is under these
circumstances required to be applied in India is really
trademarks
‗PUTTING ON THE RITZ'. The Court applied the anti-dissection
rule and held that the mark must be viewed in its entirety ... Trademarks and Unfair Competition. It was
observed:
"41. The anti-dissection rule which is under these
circumstances required to be applied in India
This has, over time,
come to be known as "the anti-dissection rule".
14. The registrations held by the petitioner ... Neutral Citation Number : 2023/DHC/001066
15. The anti-dissection rule is, however, subject to a caveat,
elucidated thus by Pradeep Nandrajog
impugned decision of the learned
Commercial Court is contrary to the anti-dissection rule contained in
Section 17 of the Act and relies, for this ... whole, and not by dissecting them into
individual components. This is known as the anti-dissection rule,
which reflects the real-world manner in which
HAIR" Mark. This is also referred to as the "anti-dissection rule".
50. The plaintiffs' and defendants' marks have, therefore ... whole marks. By doing so, one does not breach the anti-dissection
rule or Section 17(2)(a) , as the comparison is still between
MOMO, such as WOW BURGER.
J. Applicability of the anti-dissection rule - the "dominant mark"
test
44. In that view of the matter ... whole, and not by dissecting them into
individual components. This is known as the anti-dissection rule,
which reflects the real-world manner in which
respect of this part of its trademark.
27. And third, the anti-dissection rule did not permit dissection of the
marks to consider whether ... ARMOUR - A DOMINANT PART OF THE TRADEMARK AND ANTI-
DISSECTION RULE
42. It is the appellant's contention that 'ARMOUR
